Brown v. Leflore County

150 F. Supp. 3d 753, 2015 U.S. Dist. LEXIS 167532
CourtDistrict Court, N.D. Mississippi
DecidedDecember 15, 2015
DocketNO. 4:14-CV-00114-DMB-JMV
StatusPublished
Cited by4 cases

This text of 150 F. Supp. 3d 753 (Brown v. Leflore County) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Leflore County, 150 F. Supp. 3d 753, 2015 U.S. Dist. LEXIS 167532 (N.D. Miss. 2015).

Opinion

OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE

This is a First Amendment retaliation case in which Plaintiff Troy D. Brown alleges that he was wrongly discharged from his position as Director of the Greenwood Leflore Emergency Management Agency because of comments he made in two newspaper publications. Before the Court is the motion for summary judgment filed by Defendant Leflore County, Mississippi. Doc. #43. For the reasons below, the motion will be denied.

I

Summary Judgment Standard

When a party moves for summary judgment, the reviewing court shall grant the motion “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R. Civ. P. 56(a). A dispute about a material fact is genuine “if the evidence is such that a reasonable jury could return, a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). All reasonable doubts on questions of fact must be resolved in favor of the party opposing summary judgment. See Evans v. City of Houston, 246 F.3d 344, 348 (5th Cir.2001) (citation omitted). “Summary judgment should be used ‘most sparingly in ... First Amendment case[s] ... involving delicate constitutional rights, complex fact situations, - disputed testimony, and questionable credibilities.’ ” Benningfield v. City of Houston, 157 F.3d 369, 377 (5th Cir.1998) (alterations in original) (quoting Porter v. Califano, 592 F.2d 770, 778 (5th Cir.1979)).

II

Background

' On August 26, 2013, Leflore County, Mississippi (“County”), acting through its Board of Supervisors (“Board”), hired Troy Brown as the Director of the Greenwood’ Leflore Emergency Management Agency (“GLEMA”). Doc. #43-2. The Board is composed of five members: Robert Collins, Phillip Wolf, Anjuan Brown, Robert Moore, and the current Board President, Wayne Self. GLEMA is tie County department tasked with disaster preparedness and response. See generally Miss. Code Ann. § 33-15-1, et seq. As Director, Brown’s job included, among other tasks,, interacting .with state and federal emergency management agencies to ensure the County was prepared for disasters, and coordinating with first responders' to ensure their preparedness to .effectively respond to a disaster. Doc. # 51-1 at 59:7-18.

When Brown assumed the Director position, one of his first important tasks was to compile and submit an inventory list of GLEMA’s equipment to the Board. Id.) Doc. #43-5. Brown had difficulty assembling the list "to the satisfaction of the Board, missing at least two deadlines to submit the; completed inventory.1 Doc. # 43-7; Doc. # 43-15; Doc. # 43-24. Brown [759]*759attributed the missed deadlines to several causes, including: (1) an outdated list of GLEMA inventory caused by the failure of his predecessor, T.W. Copper, to complete and sign off on GLEMA’s inventory list before his June 2013 retirement;2 (2) interference by Sam Abraham, the County’s Chancery Clerk and Administrator,3 who Brown claims improperly loaned out equipment to other County departments without completing the required forms;4 '(3) a lack of cooperation from other County personnel that' possessed certain GLEMA equipment;5 and (4) a lack of cooperation from two of GLEMA’s employees, Bobby Nor-wood and Dorothy Ivory.6 Throughout his tenure as GLEMA’s director, Brown made these concerns known to his supervisors'.7

Ultimately, on February 16, 2014, Brown published a guest column in the Greemuood Commonwealth (“Commonwealth”) titled, “Sam Abraham has it out for me,” detailing some of his concerns about Abraham and public safety. Doc. #51-39. Two days later, the Commonwealth published an editorial titled, “Troy Brown brings lots of drama,” which was very critical of Brown’s guest column. Doc # 51-41. Brown responded to the editorial in a letter to the Commonwealth’s Editor titled, “This is more than a workplace tiff” which was published in the Commonwealth on February 23, 2014. Doc. # 51-42.

The day after Brown’s letter to the Editor appeared in the Commomoealth, the Board voted to terminate Brown. Doc. # 51-43. The Board’s minutes do not provide a reason for Brown’s termination. 'Id. But, in the Executive Session where the Board voted 3-2 to terminate Brown, Brown’s recent publications in the Commonwealth were a prominent topic in the prevote discussion. See Doc. #51-9 at 35:4-11. '

■ Brown responded to his termination by filing this action on August 13, 2014, alleging that the County terminated his employment in retaliation for his publications in the Commonwealth in violation of his First Amendment rights. Doc. # 1. The County has filed a motion for summary judgment, arguing that the evidence does not establish a First Amendment violation, and that an affirmative defense under Mount Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977), applies to bar Brown’s claims. Doc. # 43; Doc. # 46. [760]*760Brown filed a response in opposition to the motion for summary judgment, and the County filed a reply. Doc. # 50; Doc. # 54.

Ill

Discussion

A “public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment.” Connick v. Myers, 461 U.S. 138, 140, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983) (citing Pickering v. Bd. of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968)). On the other hand, the government’s interests in regulating the speech of its employees “differ significantly from those it possesses in connection with regulation of the speech of the citizenry in general.” Id. .(quoting Pickering, 391 U.S. at 568, 88 S.Ct. 1731). To establish a prima facie case, for First Amendment retaliation, a public employee must show that:

(1) He suffered an adverse employment action; ,
(2) He spoke as a. citizen, rather than pursuant to- his official job duties;
(3)- He spoke on a matter of public concern;
(4) His interest in the speech .outweighed the government’s interest in the efficient provision of public services; and
(5) His speech precipitated the adverse employment action.8

Hardesty v. Cochran, 621 Fed.Appx.

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150 F. Supp. 3d 753, 2015 U.S. Dist. LEXIS 167532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-leflore-county-msnd-2015.